Recent changes to Australian privacy laws have strengthened privacy protections by introducing a statutory tort for serious invasions of privacy, increasing penalties for privacy breaches, and enhancing the regulatory powers of the Office of the Australian Information Commissioner. These changes reflect the growing importance of privacy protection in Australia and the increasing consequences for non-compliance.
New Statutory Tort for Serious Invasions of Privacy
From 10 June 2025, consumers can rely on this tort to take legal action against others (including organisations or other individuals) who intentionally or recklessly invade their privacy by:
intruding upon their seclusion (which may be physically or by means of technology such as cameras); and/or
by misusing information about them,
in circumstances where:
the person would have a reasonable expectation of privacy;
the invasion is serious; and
the plaintiff can establish that the public interest in their rights to privacy outweighs any countervailing public interest.
An uncommon feature of this tort is that a plaintiff can take action without proof of any damage such as an injury or loss. Plaintiffs can be awarded damages up to a maximum cap that is the greater of $478,550 and the maximum amount of damages for non-economic loss that may be awarded in defamation proceedings under an Australian law. Courts can also grant other remedies in addition to or instead of damages such as injunctions, an order for an apology, an order to account for profits, and an order to destroy or deliver up to the plaintiff any materials involved in the serious invasion of privacy.
Need help?
Our experienced team can provide expert privacy advice in response to specific events – such as these changes in law or a data breach event. We can also help you take proactive steps to reduce your risk and support compliance by assessing your organisation's handling of privacy issues.
To find out more about how we can help you, contact us today at info@kinnylegal.com or 02 9199 4563.
This blog post does not constitute legal advice and should not be relied upon as such. It is a general commentary on matters that may be of interest to you. Formal legal or other professional advice should be sought before acting or relying on any matter arising from this communication.
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